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Treatment
Whether you will be required to attend an alcohol or drug treatment program depends upon if you are granted probation or not. A condition of being placed on probation for a first time DUI is that you must complete an alcohol/drug treatment program. If your blood alcohol level was less than a .20 you will be required to complete a 3 month program. If your blood alcohol level was .20 or more you will be required to complete a 6 month program.
If you have a second DUI (defined as another DUI within 7 years of an earlier DUI) you may be required to complete an 18 or a 30 month program approved pursuant to the California H&S Code.
Even if you aren't required by the Court to complete an alcohol/drug treatment program you will have to complete one to have your license reinstated by the DMV. These requirements are complicated and the advice of a competent lawyer is advisable.
Credible lawyers report 50 - 70% win rates at DMV hearings.
If you lose your DMV hearing, you can apply for a restricted license after the first month of mandatory suspension.
In all misdemeanor DUI cases, you will not have to appear in court if you are represented by a licensed attorney.
On your first DUI, a good attorney can usually negotiate your sentence so you will not receive jail time.
Refusing a blood or breath test can result in longer license suspensions (one year for your first DUI compared to four months if you agreed to testing)
The higher your blood alcohol level, the greater your punishment will be.
If you have an out-of-state license, California law officials cannot take it from you; but they can revoke your privilege to drive on California roads.
In California, you can motion the court to clear your record (usually this is done after a probationary program has been completed).
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